FINANCE ACT 2020

• “(1A) Where, apart from this subsection, an individual who is a proprietary director of two or more companies would be a qualifying employee in relation to those two or more companies, then the following provisions of this subsection shall have effect:

  • (a) the individual may give a notification to one, and one only, of those companies that he or she has elected to be treated as a qualifying employee in relation to that company;

  • (b) on the receipt of the notification referred to in paragraph (a), the company concerned shall be entitled to treat the individual concerned as its qualifying employee, and no other company of which the individual concerned is a proprietary director shall be entitled to treat the individual as its qualifying employee;

  • (c) unless and until the individual gives to a company referred to in paragraph (a) the notification there referred to, no company of which the individual is a proprietary director shall be entitled to treat the individual as its qualifying employee.

• (1B) Where, in accordance with subsection (1A)(a), an individual elects to be treated as a qualifying employee in relation to a company, that election—

  • (a) shall be deemed to have come into effect as on and from the date of the first notification first-mentioned in subsection (7) for that individual by the company, and

  • (b) shall be irrevocable.”,

• (c) in subsection (2) —

• (i) by substituting “this section shall apply to an employer for the period 1 July 2020 to 31 December 2020 (in this subsection referred to as ‘the specified period’), where” for “this section shall apply to an employer where”, and

• (ii) in paragraph (a)(i)(I), by substituting “there will occur in the specified period” for “there will occur in the period from 1 July 2020 to December 2020 (in this subsection referred to as ‘the specified period’)”,

• (d) by inserting the following subsection after subsection (2):

• “(2A) Subject to subsections (4) and (5), this section shall apply to an employer for the period from 1 January 2021 to the date on which the qualifying period expires where—

  • (a) (i) in accordance with guidelines published by the Revenue Commissioners under subsection (20)(a), the employer demonstrates to the satisfaction of the Revenue Commissioners that, by reason of Covid-19 and the disruption that is being caused thereby to commerce—

    • (I) there will occur in the period from 1 January 2021 to 30 June 2021 (in this subsection referred to as ‘the second specified period’) at least a 30 per cent reduction, or such other percentage reduction as the Minister may specify in an order made by him or her under subsection (21)(b), in either the turnover of the employer’s business or in the customer orders being received by the employer by reference to the period from 1 January 2019 to 30 June 2019 (in this subsection referred to as ‘the second corresponding period’),

    • (II) in the case where the business of the employer has not operated for the whole of the second corresponding period but the commencement of that business’s operation occurred no later than 1 May 2019, there will occur in the part of the second specified period, which corresponds to the part of the second corresponding period in which the business has operated, at least a 30 per cent reduction, or such other percentage reduction as the Minister may specify in an order made by him or her under subsection (21)(b), in either the turnover of the employer’s business or in the customer orders being received by the employer by reference to that part of the second corresponding period, or

    • (III) in the case where the commencement of the operation of the employer’s business occurred after 1 May 2019, the nature of the business is such that the turnover of the employer’s business or the customer orders being received by the employer in the second specified period will be at least—

    • (A) 30 per cent, or

    • (B) such other percentage as the Minister may specify in an order made by him or her under subsection (21)(b),

    less than what that turnover or those customer orders, as the case may be, would otherwise have been had there been no disruption caused to the business by reason of Covid-19,

    or

    • (ii) the employer’s name is entered in the register established and maintained under section 58C of the Child Care Act 1991,

    and

  • (b) the employer satisfies the conditions specified in subsection (3).”,

• (e) in subsection (3) by substituting “subsection (2)(b) or (2A)(b)” for “subsection (2)(b)”,

• (f) in subsection (5) —

• (i) by substituting “by virtue of subsection (2) (apart from paragraph (a)(ii) thereof) or (2A) (apart from paragraph (a)(ii) thereof)” for “by virtue of subsection (2) (apart from paragraph (a)(ii) thereof)”, and

• (ii) in paragraph (b), by substituting “subsection (2)(a)(i) or (2A)(a)(i), as may be appropriate” for “subsection (2)(a)(i)”,

• (g) in subsection (7) —

• (i) by substituting “subsections (8), (9) and (12A)” for “subsections (8) and (9)”, and

• (ii) by substituting the following paragraph for paragraph (d):

• “(d) a payment or an aggregate payment required under this subsection to be made by the Revenue Commissioners to the employer in relation to a qualifying employee or qualifying employees shall be made by the Revenue Commissioners as soon as may be practicable after the date of the notification by the employer of the payment of emoluments to the qualifying employee or the qualifying employees concerned;”,

• (h) in subsection (8) —

• (i) by substituting “subsections (9), (21)(aa) and (21)(c)” for “subsections (9) and (21)(c)”, and

• (ii) by substituting the following paragraphs for paragraphs (a) and (b):

• “(a) in the case where the employer pays the qualifying employee gross pay of at least €151.50 per week but not more than €202.99 per week, the sum of—

  • (i) €151.50 per contribution week, or

  • (ii) where the date of the payment of the emoluments by the employer to the qualifying employee is in the period beginning on 20 October 2020 and ending on 31 January 2021, €203 per contribution week,

  and

• (b) in the case where the employer pays the qualifying employee gross pay of not less than €203 per week but not more than €1,462 per week, the sum of—

  • (i) €203 per contribution week, or

  • (ii) where the date of the payment of the emoluments by the employer to the qualifying employee is in the period beginning on 20 October 2020 and ending on 31 January 2021—

    • (I) €250 per contribution week, where the gross pay so paid to the qualifying employee is not more than €299.99 per week,

    • (II) €300 per contribution week, where the gross pay so paid to the qualifying employee is not more than €399.99 per week, or

    • (III) €350 per contribution week, where the gross pay so paid to the qualifying employee is at least €400.00 per week,”,

• (i) by inserting the following subsection after subsection (12):

• “(12A) Where, apart from this subsection, a payment or an aggregate payment would be required to be made by the Revenue Commissioners to an employer under subsection (7), the Revenue Commissioners may, instead of making the payment or the aggregate payment, set the amount of that payment or any part of that payment against any amount that is required to be refunded by the employer to the Revenue Commissioners in accordance with subsection (11).”,

• (j) in subsection (14) —

• (i) by deleting paragraph (b), and

• (ii) by inserting the following subsection after subsection (14):

• “(14A) A person aggrieved by an assessment or an amended assessment to relevant tax made on that person may appeal the assessment or amended assessment, as the case may be, to the Appeal Commissioners, in accordance with section 949I of the Act, within the period of 30 days after the date of the notice of assessment or the amended assessment, as may be appropriate.”,

• (k) in subsection (17) —

• (i) in paragraph (a), by substituting “subsection (2) or (2A)” for “subsection (2)”, and

• (ii) in paragraph (b), by substituting “subsection (2) or (2A)” for “subsection (2)”,

• (l) in subsection (20)(a), by substituting “subsection (2) or (2A)” for “subsection (2)”,

• (m) in subsection (21) —

• (i) by inserting the following paragraph after (a):

• “(aa) make an order that any day referred to in paragraphs (a)(ii) and (b)(ii) of subsection (8) as the day on which the period there referred to shall begin on, or end on, shall be such other day as the Minister considers appropriate and specifies in the order,”,

• (ii) in paragraph (b) —

• (I) by substituting “subsection (2)(a)(i) or (2A)(a)(i)” for “subsection (2)(a)(i)”, and

• (II) by substituting “section 28A(3)” for “section 28A(2)”,

and

• (iii) in paragraph (c), by substituting “section 28A(3)” for “section 28A(2)”,

and

• (n) in subsection (22) by substituting “(a), (aa), (b) or (c)” for “(a), (b) or (c)”.

• (4) Subsection (1) shall be deemed to have come into operation on 27 March 2020.

• (5) Subsection (2) shall be deemed to have come into operation on 20 October 2020.

• (6) Subsection (3) (apart from paragraphs (i) and (g)(i) thereof) shall be deemed to have come into operation—

• (a) as respects paragraph (j) thereof, on 1 August 2020,

• (b) as respects paragraphs (a) (apart from subparagraph (iii) thereof) and (b) thereof, on 1 September 2020,

• (c) as respects paragraphs (a)(iii), (h), (m) (apart from subparagraph (ii)(I) thereof) and (n) thereof, on 20 October 2020,

• (d) as respects paragraph (g)(ii) thereof, on 1 November 2020, and

• (e) as respects paragraphs (c), (d), (e), (f), (k), (l) and (m)(ii)(I) thereof, on 1 January 2021.

64. Amendment of Emergency Measures in the Public Interest (Covid-19) Act 2020

64. The Emergency Measures in the Public Interest (Covid-19) Act 2020 is amended by inserting the following section after section 28B:

“Covid-19: special warehousing and interest (relevant tax due under section 28(9))

28C. (1) In this section—

‘the Acts’ means—

• (a) Parts 18C and 18D,

• (b) the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act,

• (c) the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act,

• (d) the Value-Added Tax Consolidation Act 2010 and the enactments amending or extending that Act,

• (e) the Finance (Local Property Tax) Act 2012 and the enactments amending or extending that Act,

• (f) the Customs Act 2015 and the enactments amending or extending that Act,

• (g) the Capital Gains Tax Acts,

• (h) the Tax Acts,

• (i) the statutes relating to the duties of excise and to the management of those duties,

• (j) this Act, and

• (k) any instruments made under any of the enactments referred to in paragraphs (a) to (j);

‘Covid-19 relevant tax’ means relevant tax, as referred to in subsection (10) of section 28, due and payable during Period 1 in accordance with that subsection;

‘Period 1’, in relation to an employer, means the period—

• (a) beginning on 26 March 2020, and

• (b) ending on the last day of the taxable period next following the taxable period in which the recommencement date falls;

‘Period 2’, in relation to an employer, means the period—

• (a) beginning on the day next following the last day of Period 1, and

• (b) ending on—

  • (i) the day that is the earlier of—

    • (I) the day that is 12 months from the day first-mentioned in paragraph (a), and

    • (II) 31 December 2022,

    or

  • (ii) where the Minister makes an order for the purposes of this subparagraph, the day that is the earlier of—

    • (I) the day specified in the order, and

    • (II) 31 December 2022;

    ‘Period 3’, in relation to an employer, means the period—

• (a) beginning on the day next following the last day of Period 2, and

• (b) ending on the day on which the employer has discharged the employer’s liability in respect of Covid-19 relevant tax in full;

‘recommencement date’, in relation to an employer, means the later of—

• (a) the day on which the employer’s business ceased to be subject to restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947, and

• (b) where it is demonstrated to the satisfaction of the Revenue Commissioners that the business did not recommence on the day referred to in paragraph (a), the day on which the business recommenced after it ceased to be subject to the restrictions referred to in that paragraph;

‘taxable period’ has the same meaning as it has in the Value-Added Tax Consolidation Act 2010.

• (2) This section shall apply to an employer—

  • (a) who, as a consequence of the effect on the employer’s business of Covid-19 is unable to pay all or part of the employer’s liability in respect of Covid-19 relevant tax,

  • (b) who complies with the requirements under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 and this Part, and

  • (c) either—

    • (i) the employer’s tax affairs are administered by the Personal Division or Business Division of the Office of the Revenue Commissioners, or

    • (ii) the employer has formed the view that the employer is unable to pay all or part of the employer’s liability in respect of Covid-19 relevant tax and has notified the Revenue Commissioners that the employer has formed such a view.

• (3) For the purposes of subsection (2)(c)(i), an employer’s tax affairs shall be treated as being administered by the Personal Division or Business Division of the Office of the Revenue Commissioners where the most recent correspondence received by the employer from that Office indicates that to be the case.

• (4) An officer authorised under section 990 of the Taxes Consolidation Act 1997 may make such enquiries as he or she considers necessary to satisfy himself or herself as to whether an employer is unable to pay the employer’s liability in respect of Covid-19 relevant tax.

• (5) Where this section applies to an employer, section 28(13) shall not apply to the employer’s liability in respect of Covid-19 relevant tax.

• (6) Where—

  • (a) this section applies to an employer, and

  • (b) the employer complies with the employer’s obligations under the Acts,

  no interest shall be due and payable by the employer in relation to the employer’s liability in respect of Covid-19 relevant tax during Period 1 and Period 2.

• (7) Where—

  • (a) this section applies to an employer,

  • (b) the employer complies with the employer’s obligations under the Acts,

  • (c) the employer has, prior to Period 3, entered into an agreement with the Collector-General to pay the employer’s liability in respect of Covid-19 relevant tax, together with interest under this subsection, and

  • (d) the employer complies with the obligations of the employer under the agreement referred to in paragraph (c),

  from the first day of Period 3 simple interest shall be paid by the employer to the Revenue Commissioners in relation to any amount of the Covid-19 relevant tax remaining unpaid and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0082 per cent.

• (8) Where an employer—

  • (a) during Period 1 or Period 2, fails to comply with an obligation referred to in subsection (6)(b),

  • (b) on the first day of Period 3, has not entered into an agreement referred to in subsection (7)(c), or

  • (c) during Period 3, fails to comply with an obligation referred to in subsection (7)(b) or (d),

  simple interest shall be paid by the employer to the Revenue Commissioners in relation to the employer’s liability in respect of Covid-19 relevant tax from—

  - (i) in a case in which paragraph (a) or (c) applies, the date on which the event resulting in failure to comply with the obligation concerned occurred, and
  
  - (ii) in a case in which paragraph (b) applies, the first day of Period 3,
  
    and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0219 per cent.
  

• (9) Where an employer has complied with the requirements under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 and this Part, the failure of the employer to pay Covid-19 relevant tax shall not, for the purpose of section 1094 or 1095 of the Taxes Consolidation Act 1997, be treated as a failure to comply with the obligations imposed on the employer by the Acts (within the meaning of section 1094 or 1095, as the case may be).

• (10) Section 960E(2) of the Taxes Consolidation Act 1997 shall not apply in respect of Covid-19 relevant tax where the employer concerned complies with the employer’s requirements under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 and this Part.

• (11)

  • (a) The Minister may, in order to mitigate the adverse economic consequences resulting, or likely to result, from the spread of Covid-19, by order specify a day for the purpose of subparagraph (ii) of paragraph (b) of the definition of ‘Period 2’ in subsection (1).

  • (b) The Minister shall not specify in an order under paragraph (a) a day that falls after 31 December 2022.

  • (c) An order under this subsection shall be laid before Dáil Éireann as soon as may be after it has been made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

65. Covid-19: special warehousing and interest provisions (income tax)

65. The Principal Act is amended by inserting the following section after section 1080A:

“Covid-19: special warehousing and interest provisions (income tax)

1080B.(1) In this section—

‘the Acts’ has the same meaning as it has in section 1080A;

‘Covid-19’ has the same meaning as it has in the Emergency Measures in the Public Interest (Covid-19) Act 2020;

‘Covid-19 income tax’ means, subject to subsection (15), the following that a relevant person is required to pay during Period 1:

• (a) an amount of tax which a relevant person is required to pay in accordance with section 959AN for income tax purposes;

• (b) income tax payable by a relevant person for a tax year;

‘Period 1’, in relation to a relevant person, means, subject to subsection (6), the period—

• (a) beginning on the date on which—

  • (i) preliminary tax appropriate to the tax year 2020 for income tax purposes, and

  • (ii) income tax appropriate to the tax year 2019,

  are due and payable, and

• (b) ending on—

  • (i) the date referred to in paragraph (a), or

  • (ii) where, as a consequence of the effect on the relevant person’s income of Covid-19, the relevant person is unable to pay all or part of the relevant person’s Covid-19 income tax appropriate to the tax year 2021 and has made a declaration under subsection (6), 31 October 2021 or where the relevant person’s return is filed electronically, such later date for electronic filing of his or her return of income for the tax year 2020 as the Collector-General may announce;

  ‘Period 2’, in relation to a relevant person, means the period—

• (a) beginning on the day next following the last day of Period 1, and

• (b) ending on the day that is 12 months from the day first-mentioned in paragraph (a);

‘Period 3’, in relation to a relevant person, means the period—

• (a) beginning on the day next following the last day of Period 2, and

• (b) ending on the day on which the relevant person has discharged the Covid-19 income tax in full;

‘relevant person’ means a person who is—

• (a) required to file a return by virtue of Chapter 1 of Part 38, or

• (b) a chargeable person for income tax for the purposes of Part 41A.

• (2) This section shall apply to a relevant person—

  • (a) who, as a consequence of the effect on the relevant person’s income of Covid-19 is unable to pay all or part of the relevant person’s Covid-19 income tax, and

  • (b) who complies with the requirements to file returns under Chapter 1 of Part 38 or Chapter 3 of Part 41A, as applicable.

• (3) For the purposes of subsection (2)(a), a relevant person shall be deemed unable to pay all or part of the relevant person’s Covid-19 income tax where the relevant person makes a declaration, in accordance with subsection (5), to the Collector-General that—

  • (a) the relevant person estimates that the relevant person’s total income for 2020 will be less than 75 per cent of the relevant person’s total income for 2019, and

  • (b) the decrease in total income referred to in paragraph (a) is a consequence of the effect on the relevant person’s income of restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947.

• (4) Where a relevant person was not a relevant person for the tax year 2019, for the purposes of subsection (2)(a) the relevant person shall be deemed unable to pay all or part of the relevant person’s Covid-19 income tax where the relevant person has—

  • (a) formed the view that, as a consequence of the effect on the relevant person’s income of restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947, the relevant person is unable to pay the relevant person’s Covid-19 income tax in 2020, and

  • (b) made a declaration, in accordance with subsection (5), to the Collector-General that the relevant person has formed such a view.

• (5) A relevant person shall make a declaration under subsection (3) or (4), as the case may be—

  • (a) when filing the relevant person’s return of income for the tax year 2019, and

  • (b) no later than 31 October 2020 or, where such return is filed electronically, such later date for electronic filing of the relevant person’s return of income for the tax year 2019 as the Collector-General may announce.

• (6) Where—

  • (a) a relevant person has formed the view that—

    • (i) the relevant person’s total income for 2021 will be less than 75 per cent of the relevant person’s total income for 2019,

    • (ii) the decrease in total income referred to in subparagraph (i) will arise as a consequence of the effect on the relevant person’s income of restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947, and

    • (iii) as a consequence of the decrease in total income referred to in subparagraph (i), the relevant person will be unable to pay preliminary tax appropriate to the tax year 2021 and income tax payable for the tax year 2020,

    or

  • (b) in a case in which a relevant person was not a relevant person for 2019, the relevant person has formed a view that, as a consequence of the effect on the relevant person’s income of restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947, the relevant person is unable to pay preliminary tax appropriate to the tax year 2021 and income tax payable for the tax year 2020,

  the relevant person may make a declaration, in accordance with subsection (7), to the Collector-General that the relevant person has formed such a view.

• (7) A relevant person shall make a declaration under subsection (6) —

  • (a) when filing the relevant person’s return of income for the tax year 2020, and

  • (b) no later than 31 October 2021 or, where such return is filed electronically, such later date for electronic filing of the relevant person’s return of income for the tax year 2020 as the Collector-General may announce.

• (8) A Revenue officer may make such enquiries as he or she considers necessary to satisfy himself or herself as to whether—

  • (a) a relevant person’s total income for 2020 or 2021, as the case may be, is less than 75 per cent of the relevant person’s total income for 2019, or

  • (b) where a relevant person was not a relevant person for 2019, the relevant person is unable to pay the relevant person’s Covid-19 income tax in 2020 or 2021, as the case may be.

• (9) Where this section applies to a relevant person, section 1080 shall not apply to the relevant person’s Covid-19 income tax.

• (10) Where—

  • (a) this section applies to a relevant person, and

  • (b) the relevant person complies with the relevant person’s obligations under the Acts,

  no interest shall be due and payable by the relevant person in respect of the relevant person’s Covid-19 income tax during Period 1 and Period 2.

• (11) Where—

  • (a) this section applies to a relevant person,

  • (b) the relevant person complies with the relevant person’s obligations under the Acts,

  • (c) the relevant person has, prior to Period 3, entered into an agreement with the Collector-General to pay the relevant person’s Covid-19 income tax, together with interest under this subsection, and

  • (d) the relevant person complies with the obligations of the relevant person under the agreement referred to in paragraph (c),

  from the first day of Period 3, simple interest shall be paid by the relevant person to the Revenue Commissioners on any amount of the Covid-19 income tax remaining unpaid and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid at a rate of 0.0082 per cent.

• (12) Where a relevant person—

  • (a) during Period 1 or Period 2, fails to comply with an obligation referred to in subsection (10)(b),

  • (b) on the first day of Period 3, has not entered into an agreement referred to in subsection (11)(c), or

  • (c) during Period 3, fails to comply with an obligation referred to in subsection (11)(b) or (d),

  simple interest shall be paid by the relevant person to the Revenue Commissioners on any amount of the Covid-19 income tax remaining unpaid on—

  - (i) in a case in which paragraph (a) or (c) applies, the date on which the event resulting in failure to comply with the obligation concerned occurred, and
  
  - (ii) in a case in which paragraph (b) applies, the first day of Period 3,
  
    and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0219 per cent.
  

• (13) Where—

  • (a) a declaration is made by a relevant person under subsection (3) and it subsequently transpires that the relevant person’s total income for 2020 is greater than or equal to 75 per cent of the relevant person’s total income for 2019, or

  • (b) a declaration is made by a relevant person under subsection (4) and it subsequently transpires the relevant person’s income for 2020 was not affected by restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947,

  then—

  - (i) income tax payable by the relevant person for 2020 shall be deemed to be due and payable on 31 October 2020, and
  
  - (ii) interest shall be paid by the relevant person to the Revenue Commissioners on any amount of the Covid-19 income tax remaining unpaid on 31 October 2020 and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0219 per cent.
  

• (14) Where a declaration is made by a relevant person under subsection (6) —

  • (a) in respect of the matter described in paragraph (a) of that subsection and it subsequently transpires that the relevant person’s total income for 2021 is greater than or equal to 75 per cent of the relevant person’s total income for 2019, or

  • (b) in respect of the matter described in paragraph (b) of that subsection and it subsequently transpires the relevant person’s income for 2021 was not affected by restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947,

  then—

  - (i) income tax payable by the relevant person for 2021 shall be deemed to be due and payable on 31 October 2021, and
  
  - (ii) interest shall be paid by the relevant person to the Revenue Commissioners on any amount of the Covid-19 income tax remaining unpaid on 31 October 2021 and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0219 per cent.
  

• (15) Where, in accordance with section 959AO(3), the income tax payable by a relevant person in respect of the 2019 tax year is deemed to have been due and payable on 31 October 2019, that income tax shall not be Covid-19 income tax.

• (16) Where this section applies to a relevant person, section 959AO(3) shall not apply in respect of that person’s Covid-19 income tax.

• (17) Where a relevant person has complied with the requirements to file returns under Chapter 1 of Part 38 or Chapter 3 of Part 41A, as applicable, the failure of the relevant person to pay Covid-19 income tax shall not, for the purpose of section 1094 or 1095, be treated as a failure to comply with the obligations imposed on the relevant person by the Acts (within the meaning of section 1094 or 1095, as the case may be).

• (18) Section 960E(2) shall not apply in respect of Covid-19 income tax where the relevant person concerned complies with the relevant person’s requirements to file returns under Chapter 1 of Part 38 or Chapter 3 of Part 41A, as applicable.”.

66. Amendment of section 991B of Principal Act (Covid-19: special warehousing and interest provisions)

66. Section 991B of the Principal Act is amended—

• (a) by substituting the following for subsection (8):

• “(8) Where—

  • (a) this section applies to an employer,

  • (b) the employer complies with the employer’s obligations under the Acts,

  • (c) the employer has, prior to Period 3, entered into an agreement with the Collector-General to pay the employer’s Covid-19 liabilities, together with interest under this subsection, and

  • (d) the employer complies with the obligations of the employer under the agreement referred to in paragraph (c),

  from the first day of Period 3, simple interest shall be paid by the employer to the Revenue Commissioners on any amount of the Covid-19 liabilities remaining unpaid and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0082 per cent.”,

• (b) by deleting subsection (9),

• (c) by substituting the following for subsection (10):

• “(10) Where an employer—

  • (a) during Period 1 or Period 2, fails to comply with an obligation referred to in subsection (7)(b),

  • (b) on the first day of Period 3, has not entered into an agreement referred to in subsection (8)(c), or

  • (c) during Period 3, fails to comply with an obligation referred to in subsection (8)(b) or (d),

  simple interest shall be paid by the employer to the Revenue Commissioners on any amount of the Covid-19 liabilities remaining unpaid on—

  - (i) in a case in which paragraph (a) or (c) applies, the date on which the event resulting in failure to comply with the obligation concerned occurred, and
  
  - (ii) in a case in which paragraph (b) applies, the first day of Period 3,
  
    and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0274 per cent.”,
  

and

• (d) by deleting subsection (11).

67. Amendment of section 114B of Value-Added Tax Consolidation Act 2010 (Covid-19: special warehousing and interest provisions)

67. Section 114B of the Value-Added Tax Consolidation Act 2010is amended—

• (a) by substituting the following for subsection (8):

• “(8) Where—

  • (a) this section applies to an accountable person,

  • (b) the accountable person complies with the accountable person’s obligations under the Acts,

  • (c) the accountable person has, prior to Period 3, entered into an agreement with the Collector-General to pay the accountable person’s Covid-19 liabilities, together with interest under this subsection, and

  • (d) the accountable person complies with the obligations of the accountable person under the agreement referred to in paragraph (c),

  from the first day of Period 3, simple interest shall be paid by the accountable person to the Revenue Commissioners on any amount of the Covid-19 liabilities remaining unpaid and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0082 per cent.”,

• (b) by deleting subsection (9),

• (c) by substituting the following for subsection (10):

• “(10) Where an accountable person—

  • (a) during Period 1 or Period 2, fails to comply with an obligation referred to in subsection (7)(b),

  • (b) on the first day of Period 3, has not entered into an agreement referred to in subsection (8)(c), or

  • (c) during Period 3, fails to comply with an obligation referred to in subsection (8)(b) or (d),

  simple interest shall be paid by the accountable person to the Revenue Commissioners on any amount of the Covid-19 liabilities remaining unpaid on—

  - (i) in a case in which paragraph (a) or (c) applies, the date on which the event resulting in failure to comply with the obligation concerned occurred, and
  
  - (ii) in a case in which paragraph (b) applies, the first day of Period 3,
  
    and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0274 per cent.”,
  

and

• (d) by deleting subsection (11).

68. Amendment of section 17C of Social Welfare Consolidation Act 2005 (Covid-19: special warehousing and interest provisions for contributions)

68. Section 17C of the Social Welfare Consolidation Act 2005 is amended—

• (a) by substituting the following for subsection (8):

• “(8) Where—

  • (a) this section applies to an employer,

  • (b) the employer complies with the employer’s obligations under section 17A,

  • (c) the employer has, prior to Period 3, entered into an agreement with the Collector-General to pay the employer’s Covid-19 liabilities, together with interest under this subsection, and

  • (d) the employer complies with the obligations of the employer under the agreement referred to in paragraph (c),

  from the first day of Period 3, simple interest shall be paid by the employer to the Collector-General on any amount of the Covid-19 liabilities remaining unpaid and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0082 per cent.”,

• (b) by deleting subsection (9),

• (c) by substituting the following for subsection (10):

• “(10) Where an employer—

  • (a) during Period 1 or Period 2, fails to comply with an obligation referred to in subsection (7)(b),

  • (b) on the first day of Period 3, has not entered into an agreement referred to in subsection (8)(c), or

  • (c) during Period 3, fails to comply with an obligation referred to in subsection (8)(b) or (d),

  simple interest shall be paid by the employer to the Collector-General on any amount of the Covid-19 liabilities remaining unpaid on—

  - (i) in a case in which paragraph (a) or (c) applies, the date on which the event resulting in failure to comply with the obligation concerned occurred, and
  
  - (ii) in a case in which paragraph (b) applies, the first day of Period 3,
  
    and such interest shall be calculated from that day until payment of the amount for any day or part of a day during which that amount remains unpaid, at a rate of 0.0274 per cent.”,
  

and

• (d) by deleting subsection (11).

69. Repayment or refund of payment made in excess of liability to tax assessed by taxpayer

69. Chapter 1B of Part 42 of the Principal Act is amended by inserting the following section after section 960G:

“Repayment or refund of payment made in excess of liability to tax assessed by taxpayer

960GA. Notwithstanding any provision of the Acts that relates to interest on the repayment or refund of tax, where a person—

• (a) appeals against an assessment under Part 40A or applies to the High Court under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of a decision of the Appeal Commissioners in relation to an assessment,

• (b) makes a payment of tax to the Revenue Commissioners or to the Collector-General directly, by deduction or by offset under section 960H and identifies, as the liability to tax against which he or she wishes the payment to be set, a liability that is the subject of an assessment referred to in paragraph (a) (in this section referred to as the ‘disputed assessment’), and

• (c) is entitled to a repayment or refund of tax under any provision of the Acts pursuant to—

  • (i) a settlement by agreement under section 949V in relation to the disputed assessment,

  • (ii) the determination of the Appeal Commissioners under section 949AK in relation to the disputed assessment, where no appeal against that determination is made or, where such an appeal is made, the determination of the Appeal Commissioners is affirmed in whole or in part, or

  • (iii) in any other case, the final determination by a court of legal proceedings instituted in respect of the disputed assessment,

  interest shall not be payable on the repayment or refund of tax referred to in paragraph (c), in so far as that repayment or refund relates to a payment made under paragraph (b) that is in excess of the amount of the assessment to tax made by the person.”.

70. Amendment of section 1001 of Principal Act (liability to tax, etc. of holder of fixed charge on book debts of company)

70. Section 1001 of the Principal Act is amended—

• (a) by substituting the following for subsection (3):

• “(3) This section shall not apply unless the holder of the fixed charge has been notified in writing by the Revenue Commissioners that a company has failed to pay a relevant amount for which it is liable and that by virtue of this section the holder of the fixed charge—

  • (a) may become liable for payment of any relevant amount which the company subsequently fails to pay, and

  • (b) where subsection (3A) does not apply, has become liable for the payment of the relevant amount which the company has failed to pay.”,

• (b) by inserting the following subsection after subsection (3):

• “(3A) Where—

  • (a) within 21 days of the creation of the fixed charge, or

  • (b) in a case in which the fixed charge has been transferred (whether before or after the coming into operation of section 72 of the Finance Act 2019) on or before whichever is the later of—

    • (i) 31 January 2020, and

    • (ii) the date that is 21 days from the date of transfer of the fixed charge,

    the holder of the fixed charge furnishes in writing to the Revenue Commissioners the following details in relation to the charge:

    - (I) the name of the company on whose book debts the charge has been created;
    
    - (II) the registration number of the company as issued by the Companies Registration Office to that company;
    
    - (III) the tax registration number of the company as issued by the Revenue Commissioners to that company;
    
    - (IV) the date the fixed charge was created or transferred, as the case may be;
    
    - (V) the name and address of the holder of the fixed charge,
    
      then this section shall not apply to any relevant amount which the company was liable to pay before the date on which the holder is notified in writing by the Revenue Commissioners in accordance with subsection (3).”,
    

and

• (c) by substituting the following for subsection (4):

• “(4) The amount or aggregate amount which a person shall be liable to pay in relation to a company in accordance with this section shall not exceed the amount or aggregate amount—

  • (a) which the person has, while the fixed charge on book debts in relation to the company is in existence, received directly or indirectly from that company in payment or in part payment of any debts due by the company to the person, or

  • (b) which the holder of the fixed charge received from the company after the date on which the holder is notified in writing by the Revenue Commissioners in accordance with subsection (3).”.

71. Amendment of section 1077E of Principal Act (penalty for deliberately or carelessly making incorrect returns, etc.)

71. Section 1077E of the Principal Act is amended in subsection (1) in the definition of “period” by substituting “, an accounting period, a return period as defined in section 530 or an income tax month as defined in section 983” for “or accounting period or a return period, as defined in section 530”.

72. Amendment of Part 3 of Schedule 26A to Principal Act (approval of body as eligible charity)

72. Part 3 of Schedule 26A to the Principal Act is amended by inserting the following paragraph after paragraph 3:

“3A. Where one or more than one body (each of which is referred to in this paragraph as a ‘restructured or amalgamated body’) has been the subject of any process of re-organisation (whether under Part 9 of the Companies Act 2014 or otherwise) such that the body or bodies has or have become amalgamated with another body (referred to in this paragraph as the ‘successor body’) and—

• (a) each restructured or amalgamated body has held an authorisation for not less than 2 years prior to the date of the initiation of the process of re-organisation, and

• (b) the winding up and distribution of all of the assets of each restructured or amalgamated body has been completed,

then the successor body shall be deemed to comply with paragraph 3(c).”.

73. Amendment of section 908E of Principal Act (order to produce documents or provide information)

73. Section 908E(1) of the Principal Act is amended, in paragraph (a) of the definition of “relevant offence”, by the substitution of “section 14 of the Customs Act 2015” for “section 186 of the Customs Consolidation Act 1876”.

74. Miscellaneous technical amendments in relation to tax

74. The enactments specified in the Schedule—

• (a) are amended to the extent and in the manner specified in paragraphs 1 to 5 of that Schedule, and

• (b) apply and come into operation in accordance with paragraph 6 of that Schedule.

75. Care and management of taxes and duties

75. All taxes and duties imposed by this Act are placed under the care and management of the Revenue Commissioners.

76. Short title, construction and commencement

76. (1) This Act may be cited as the Finance Act 2020.

• (2) Part 1 shall be construed together with—

• (a) in so far as it relates to income tax, the Income Tax Acts,

• (b) in so far as it relates to universal social charge, Part 18D of the Principal Act,

• (c) in so far as it relates to corporation tax, the Corporation Tax Acts, and

• (d) in so far as it relates to capital gains tax, the Capital Gains Tax Acts.

• (3) Part 2, in so far as it relates to duties of excise, shall be construed together with the statutes which relate to those duties and to the management of those duties.

• (4) Part 3 shall be construed together with the Value-Added Tax Acts.

• (5) Part 4 shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act.

• (6) Part 5 shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

• (7) Part 6 in so far as it relates to—

• (a) income tax, shall be construed together with the Income Tax Acts,

• (b) universal social charge, shall be construed together with Part 18D of the Principal Act,

• (c) corporation tax, shall be construed together with the Corporation Tax Acts,

• (d) capital gains tax, shall be construed together with the Capital Gains Tax Acts,

• (e) customs, shall be construed together with the Customs Acts,

• (f) duties of excise, shall be construed together with the statutes which relate to duties of excise and the management of those duties,

• (g) value-added tax, shall be construed together with the Value-Added Tax Acts,

• (h) stamp duty, shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act,

• (i) domicile levy, shall be construed together with Part 18C of the Principal Act,

• (j) gift tax or inheritance tax, shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act, and

• (k) the temporary wage subsidy or the wage subsidy payment that is provided for by Part 7 of the next-mentioned Act, shall be construed together with Part 7 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and the enactments amending or extending that Act.

• (8) Except where otherwise expressly provided for in Part 1, that Part shall come into operation on 1 January 2021.

• (9) Except where otherwise expressly provided for, where a provision of this Act is to come into operation on the making of an order by the Minister for Finance, that provision shall come into operation on such day or days as the Minister for Finance shall appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE Miscellaneous Technical Amendments in Relation to Tax

Section 74

• (a) in section 128B(13), by substituting “section 959I” for “section 951”,

• (b) in section 128F—

• (i) in subsection (1), in paragraph (c)(i)(I) of the definition of “qualifying company”, by substituting “the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin” for “the Enterprise Securities Market of the Irish Stock Exchange”, and

• (ii) in subsection (2A)(a)(iii)(I), by substituting “the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin” for “the Enterprise Securities Market of the Irish Stock Exchange”,

• (c) in section 172A(1)(a), in the definition of “ISI Number”, by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”,

• (d) in section 172E(4)(c), by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”,

• (e) in section 172G(4)(c), by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”,

• (f) in section 284(2)(ac)(i) —

• (i) by substituting “Part 41A” for “Part 41”, and

• (ii) by substituting “section 959I” for “section 951”,

• (g) in section 489, in paragraph (a) of the definition of “unlisted”, by substituting “the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin” for “the Enterprise Securities Market of the Irish Stock Exchange”,

• (h) in section 498(1), by substituting “section 508J(1)” for “section 598J(1)”,

• (i) in section 753B(1) —

• (i) in paragraph (a)(I)(A), by substituting “distribution” for “interest”, and

• (ii) in paragraph (b)(I)(A), by substituting “interest” for “distribution”,

and

• (j) in Schedule 25B, by deleting the entries at Reference Numbers 2, 6, 8, 9, 10, 11, 45 and 48 and the matters set out opposite those reference numbers.

• (a) in section 75—

• (i) in subsection (1), in paragraph (a) of the definition of “member firm”, by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”, and

• (ii) in subsection (3)(c)(ii), by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”,

and

• (b) in subsection 86A—

• (i) in subsection (1), by substituting “the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin” for “the Enterprise Securities Market operated by the Irish Stock Exchange Limited”, and

• (ii) in subsection (2) —

• (I) by substituting “the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin” for “the Enterprise Securities Market”, and

• (II) by substituting “the Irish Stock Exchange plc trading as Euronext Dublin” for “the Irish Stock Exchange Limited”.

• (a) by substituting “1 January 2021” for “1 January 2020”, and

• (b) by substituting “31 March 2021” for “31 March 2020”.

• (b) Paragraph 5 shall be deemed to have come into operation on and from 1 July 2020.

Footnotes